Suspended Aam Aadmi Party (AAP) Councillor Tahir Hussain, minutes before the hearing on his anticipatory bail plea before Karkardooma Court, rushed to another district court in Delhi, the Rouse Avenue Court with an application to surrender.
At 3 pm, the Additional Chief Metropolitan Magistrate dismissed his plea for lack of jurisdiction.
Tahir Hussain had moved Rouse Avenue Court instead of Karkardooma Court due to "security concerns". In his plea he had also sought protection for his life and properties during the investigation.
Hussain told the Rouse Avenue Court that there was a "charged environment" in Karkardooma Court in the aftermath of the violence in Delhi and hence he "preferred to surrender" before the Rouse Avenue Court instead.
The judge in his two-page order records the apprehension raised by Tahir Hussain before dismissing his plea. ACMM Vishal Pahuja states -
"The Counsel for Tahir Hussain has submitted that there is grave apprehension of life to the applicant so he has not surrendered before the Karkardooma Court as there is a charged environment there."
Hussain in his plea also sought to join the investigation and said that he was willing to cooperate with the Delhi Police in whatever manner they want. He also went on to state in his plea that he was being "falsely implicated" in the case for there was no connection or involvement of his in the Delhi riots.
ACMM Vishal Pahuja while refusing to accept Tahir Hussain’s surrender application stated -
"As per the provisions of the Criminal Procedure Code, the offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it is committed.
In the instant case, the offence has been committed within the jurisdiction of Police Station Dayal Pur which further falls within the jurisdiction of District Court Karkardooma."
He went on to reject the apprehension raised by Hussain in his plea stating that -
"The reason stated does not justify the conduct of the applicant to choose this forum for seeking relief. The High Court of Delhi has specifically made a division of the jurisdictions, be it Police Station wise or Judicial District Wise and work has been allocated in accordance with the same."
The Court of ACMM Vishal Pahuja in the Rouse Avenue Court is a special designated Court that deals with matters of elected Members of Parliament or Members of Legislative Assemblies. Hussain, being neither, could not approach this Court for relief.
Minutes after Hussain’s plea was dismissed by the Court, the Special Cell of Delhi Police arrested Tahir Hussain. He will be produced on Friday before the Karkardooma Court where the Special Cell is likely to seek his further custody.